Is she in contempt of court? Refusing to comply with psychological evaluation.

[ProSeMiami]

Miami, Florida.

March 27th, 2018, we have a hearing on my motion for sanctions for interference of custody and spousal and child abuse coming up.

On Jan. 17th 2018 the court ordered through family services, psych evals of both Mother and I, also agreeing to a sliding scale based on finances. I complied with psychologists requests to provide tax returns and updated financial affidavit within 2 days. I filed a notice of compliance.

Over a month has passed. During this time, I emailed the psychologist a couple of times to verify the delay. The psychologist stated she is still waiting for the mother to provide her with those financial documents (tax & updated affidavit).

Feb. 13th 2018, I motioned the court to compel Mother to comply with 1) My Dec. 28th 2017 request for her updated financial affidavit she fails to produce (based on disclosed facts she received a $100,000 from her parents -with whom she lives- after selling their home for $2m, 2) to provide the court with a certificate of mandatory disclosure 3) comply with psychologist.

On Feb. 14th, the court referred these motions to a general magistrate. My x has still not complied by Feb 25th, 2018. Is she in contempt for not providing documents to psychologist whereby a psych eval may be conducted? (Thereby delaying the process for custody determination).

 

[cbg]

Was she given a specific date by which she was required to comply? If so, what was that date?

 

[ProSeMiami]

Date to comply.

Was she given a specific date by which she was required to comply? If so, what was that date?

That's an interesting question. No date by which to comply was given. The order for psych. eval. was given first at a hearing Dec. 17th 2017 together with a visitation order for x2 weekly sessions with a supervisor. That latter order was to comply within 7 days.

thx for your response

SK

 

[adjusterjack]

She's not in contempt until the judge says she is.

You will probably need to file a motion for clarification or establishment of deadlines.

Once a deadline is in place and she still fails to comply the next step is to file a motion for an order to show cause why she shouldn't be held in contempt.

Bye the way, not complying is not the same as refusing to comply. Be careful about how you word your accusations. They could come back to bite you.

 

[ProSeMiami]

within 5 days

Was she given a specific date by which she was required to comply? If so, what was that date?

The court order itself states that FAMILY SERVICES is to be contacted within 5 days, which it was. The order further states that family services will refer the parties to a psych eval., however, no time restriction is written for the parties to comply with psychologist/provider. I complied within 2 days, and sent the appropriate documents (tax returns, updated financial affidavit) to the psychologist, but my x has not till this date. The order was given Jan 17th. (the first order was given Dec. 17th, but I objected to the initial provider).

So is my x in contempt? it certainly is stalling. Furthermore, I put in a Notice for Request of financial affidavit and certificate of mandatory disclosure on Feb. 13th 2018. And still, no response, and no compliance with either her providing the court with updated tax returns and financial affidavit, nor her complying with the psychologist for psych. eval.

Contempt?

Thxxx
SK.

 

[ProSeMiami]

Thank u!!

Thank you so much
This info is certainly helpful !!

SK

 

[LdiJ]

Miami, Florida.

March 27th, 2018, we have a hearing on my motion for sanctions for interference of custody and spousal and child abuse coming up.

On Jan. 17th 2018 the court ordered through family services, psych evals of both Mother and I, also agreeing to a sliding scale based on finances. I complied with psychologists requests to provide tax returns and updated financial affidavit within 2 days. I filed a notice of compliance.

Over a month has passed. During this time, I emailed the psychologist a couple of times to verify the delay. The psychologist stated she is still waiting for the mother to provide her with those financial documents (tax & updated affidavit).

Feb. 13th 2018, I motioned the court to compel Mother to comply with 1) My Dec. 28th 2017 request for her updated financial affidavit she fails to produce (based on disclosed facts she received a $100,000 from her parents -with whom she lives- after selling their home for $2m, 2) to provide the court with a certificate of mandatory disclosure 3) comply with psychologist.

On Feb. 14th, the court referred these motions to a general magistrate. My x has still not complied by Feb 25th, 2018. Is she in contempt for not providing documents to psychologist whereby a psych eval may be conducted? (Thereby delaying the process for custody determination).

I am not sure that a one time gift from her parents will be relevant to any financial matters regarding custody/child support.

 

[HRZ]

FAilure to disclose a $100,000 bump in ones assets may hurt her credibility...if that is what OP means .

 

[Zigner]

FAilure to disclose a $100,000 bump in ones assets may hurt her credibility...if that is what OP means .

The OP wants mom to disclose this information to the psychiatrist. The psychiatrist doesn't need this information in order to perform an evaluation.

 

[Zigner]

The court order itself states that FAMILY SERVICES is to be contacted within 5 days, which it was. The order further states that family services will refer the parties to a psych eval., however, no time restriction is written for the parties to comply with psychologist/provider. I complied within 2 days, and sent the appropriate documents (tax returns, updated financial affidavit) to the psychologist, but my x has not till this date. The order was given Jan 17th. (the first order was given Dec. 17th, but I objected to the initial provider).

So is my x in contempt? it certainly is stalling. Furthermore, I put in a Notice for Request of financial affidavit and certificate of mandatory disclosure on Feb. 13th 2018. And still, no response, and no compliance with either her providing the court with updated tax returns and financial affidavit, nor her complying with the psychologist for psych. eval.

Contempt?

Thxxx
SK.

Assuming what you wrote above is all that is mentioned, it is not contempt. If you take this back as a contempt action, she may be ordered to comply by a certain date, but it's not contempt right now.

 

[ProSeMiami]

Sliding Scale

The psychologist (whom the court ordered to do the evaluation), is requesting Tax documents and updated financial affidavit in order to charge on a sliding scale, which is something that the court also ordered due to our finances.

The point is, she is refusing to disclose her updated financial affidavit since Dec. 17th 2017. Regardless of my motions for requests, and also a recent motion to compel her to disclose her financial statements, that is ALSO holding up/delaying the psychologist from conducting the psychological evaluation that may aid the court in forming a decision regarding custody.

In other words, my x is avoiding or delaying 1) informing the court of her true finances 2) from the psychologist to conduct evaluations 3) delaying the process of my being awarded more than just 2 visitations per weekly currently ordered under supervision (for reunification purposes due to severe parental alienation/estrangement that she caused between my 3.5 year old son and I for over 2.5 years, something that is recognized and accepted as fact by the court).

What to do? There is a hearing on motion for "sanctions for interference with custody and domestic violence (spousal and child abuse" that I motioned against her coming up late March.

Thxxxx all.

 

[not2cleverRed]

The psychologist (whom the court ordered to do the evaluation), is requesting Tax documents and updated financial affidavit in order to charge on a sliding scale, which is something that the court also ordered due to our finances.

The point is, she is refusing to disclose her updated financial affidavit since Dec. 17th 2017. Regardless of my motions for requests, and also a recent motion to compel her to disclose her financial statements, that is ALSO holding up/delaying the psychologist from conducting the psychological evaluation that may aid the court in forming a decision regarding custody.

In other words, my x is avoiding or delaying 1) informing the court of her true finances 2) from the psychologist to conduct evaluations 3) delaying the process of my being awarded more than just 2 visitations per weekly currently ordered under supervision (for reunification purposes due to severe parental alienation/estrangement that she caused between my 3.5 year old son and I for over 2.5 years, something that is recognized and accepted as fact by the court).

What to do? There is a hearing on motion for "sanctions for interference with custody and domestic violence (spousal and child abuse" that I motioned against her coming up late March.

Thxxxx all.

What to do? Worry about yourself, and less about her. Keep on doing your best to follow directions. If she still hasn't complied by the next hearing, who do you think is going to come across as more credible? Hint: not her.

Jump through every hoop thrown at you by the court to satisfy them that you are credible, and will do everything you can to be a good parent to your child.

 

[ProSeMiami]

Awesome advice
Thank you.

xo

 

[ProSeMiami]

Hearing on my motion for Sanctions coming up. What to do?

1.
Hearing coming up. How do I request opposing counsel (my x) for a full disclosure of her argument, her evidence and her list of witnesses for this hearing, or even for the future trial ?

2.
I would also like to serve my x of interragatories, and request of admission. Do I simply email the attorney and request for discovery, or do I actually motion the court for these requests?

3.
My x has not complied with my request for updated financial affidavit of Dec. 27th 2017. A psychologist was assigned (court ordered) for this case to conduct evaluations on a sliding scale based on income. The psychologist has requested financial affidavits of both of us, as well as Tax returns, but my x has not complied with psychologist's request, so there are delays. I have filed a motion to compel Feb. 13th, 2018. Still no response.

4.
My x has not responded to my Jan 7th Motions for Sanctions for Inteference in Custody and Domestic Violence. What to do?

Thanks so very much for your most valued help. I am fighting a real monster. And I am Pro Se'.

XO.

 

[CTU]

1.
Hearing coming up. How do I request opposing counsel (my x) for a full disclosure of her argument, her evidence and her list of witnesses for this hearing, or even for the future trial ?

2.
I would also like to serve my x of interragatories, and request of admission. Do I simply email the attorney and request for discovery, or do I actually motion the court for these requests?

3.
My x has not complied with my request for updated financial affidavit of Dec. 27th 2017. A psychologist was assigned (court ordered) for this case to conduct evaluations on a sliding scale based on income. The psychologist has requested financial affidavits of both of us, as well as Tax returns, but my x has not complied with psychologist's request, so there are delays. I have filed a motion to compel Feb. 13th, 2018. Still no response.

4.
My x has not responded to my Jan 7th Motions for Sanctions for Inteference in Custody and Domestic Violence. What to do?

Thanks so very much for your most valued help. I am fighting a real monster. And I am Pro Se'.

XO.

You need an attorney. I know, I know, you can't afford it ... I get it. But the truth is that we cannot hold your hand and walk you through the process ... and you're coming very close to tanking your case because so scattered.

Please - sell some stuff, pick up aluminum cans, do whatever it takes to get an attorney.